Is rephrasing a passage in a patent application considered new matter?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Mere rephrasing of a passage in a patent application does not constitute new matter, as long as the meaning remains intact. The MPEP Section 2163.07 clarifies:

“Mere rephrasing of a passage does not constitute new matter. Accordingly, a rewording of a passage where the same meaning remains intact is permissible.”

This guideline allows applicants to improve clarity or readability of their applications without introducing new matter. However, it’s crucial that the rephrasing doesn’t alter the original meaning or introduce new concepts not present in the original filing.

Topics: MPEP 2100 - Patentability MPEP 2163.07 - Amendments To Application Which Are Supported In The Original Description Patent Law Patent Procedure
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